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Practical Analysis And Legislation Construction Of Evidence System Of Civil Action Judge

Posted on:2018-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:L TengFull Text:PDF
GTID:2346330542970034Subject:Law
Abstract/Summary:PDF Full Text Request
It is of great significance for the study of the evidence system of civil litigation and the research of the litigation model in the civil litigation judge,and also plays a certain role in promoting the investigation of the facts of the case and regulating the forensic evidence of the judge.At this stage,China should insist on the evidence of the parties,the judge according to the concept of evidence,supplemented by the idea,and on the basis of the judge according to the power of evidence for appropriate clear and limited.The first part of this paper is to collect and find the case of judicial practice,through the introduction and analysis of the case in the case,leads to the application and necessity of the judge in the practice of meritorious service in practice.On the basis of this,the second part of the article,based on the analysis of the practice of collecting civil evidence by the civil litigation judge,puts forward the rules of collecting the evidences of judges’ ex officio collection evidence in the civil litigation,Unclear and lack of oversight of judges’ collection of evidence by ex officio.And then in the third part of the proposed civil proceedings in the judge ex officio investigation of legislation to improve the proposal.To perfect the civil litigation judge to collect the evidence system by law,it is necessary to clarify the scope of the evidence collected by the judge in accordance with the law,to standardize the specific rules of the judge to collect the evidence according to the authority,and to strengthen the legal supervision of the judge.
Keywords/Search Tags:Ex officio collection of evidence, Litigation model, Neutral referee Practical analysis
PDF Full Text Request
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